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California Vehicle Codes Defined:
23152. (a) It is unlawful for any
person who is under the influence of any alcoholic beverage or drug, or
under the combined influence of any alcoholic beverage and drug, to
drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight,
of alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug
to drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) It is unlawful for any person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(e) This section shall become operative on January 1, 1992, and shall
remain operative until the director determines that federal regulations
adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49
U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title
49 of the Code of Federal Regulations do not require the state to
prohibit operation of commercial vehicles when the operator has a
concentration of alcohol in his or her blood of 0.04 percent by weight
or more.
(f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
23152. (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight,
of alcohol in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
(c) It is unlawful for any person who is addicted to the use of any drug
to drive a vehicle. This subdivision shall not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(d) This section shall become operative only upon the receipt by the
Secretary of State of the notice specified in subdivision (f) of Section
23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.
23153. (a) It is unlawful for any person, while under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty imposed by
law in driving the vehicle, which act or neglect proximately causes
bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty imposed by
law in driving the vehicle, which act or neglect proximately causes
bodily injury to any person other than the driver.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after driving.
(c) In proving the person neglected any duty imposed by law in driving
the vehicle, it is not necessary to prove that any specific section of
this code was violated.
(d) It is unlawful for any person, while having 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210, and concurrently to do any act
forbidden by law or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to any
person other than the driver.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of performance of a chemical test within three hours
after driving.
(e) This section shall become operative on January 1, 1992, and shall
remain operative until the director determines that federal regulations
adopted pursuant to the Commercial Motor Vehicle Act of 1986 (49 U.S.C.
Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of
the Code of Federal Regulations do not require the state to prohibit
operation of commercial vehicles when the operator has a concentration
of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
23153. (a) It is unlawful for any person, while under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle and
concurrently do any act forbidden by law or neglect any duty imposed by
law in driving the vehicle, which act or neglect proximately causes
bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle and
concurrently do any act forbidden by law or neglect any duty imposed by
law in driving the vehicle, which act or neglect proximately causes
bodily injury to any person other than the driver.
In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after driving.
(c) In proving the person neglected any duty imposed by law in driving
the vehicle, it is not necessary to prove that any specific section of
this code was violated.
(d) This section shall become operative only upon the receipt by the
Secretary of State of the notice specified in subdivision (f) of Section
23153, as added by Section 30 of Chapter 1114 of the Statutes of 1989.
23158. (a) Only a licensed physician and surgeon, registered
nurse, licensed vocational nurse, duly licensed clinical laboratory
technologist or clinical laboratory bioanalyst, unlicensed laboratory
personnel regulated pursuant to Sections 1242, 1242.5, and 1246 of the
Business and Professions Code, or certified paramedic acting at the
request of a peace officer may withdraw blood for the purpose of
determining the alcoholic content therein. This limitation does not
apply to the taking of breath specimens. An emergency call for paramedic
services takes precedence over a peace officer's request for a paramedic
to withdraw blood for determining its alcoholic content. A certified
paramedic shall not withdraw blood for this purpose unless authorized by
his or her employer to do so.
(b) The person tested may, at his own expense, have a licensed physician
and surgeon, registered nurse, licensed vocational nurse, duly licensed
clinical laboratory technologist or clinical laboratory bioanalyst,
unlicensed laboratory personnel regulated pursuant to Sections 1242,
1242.5, and 1246 of the Business and Professions Code, or any other
person of his or her own choosing administer a test in addition to any
test administered at the direction of a peace officer for the purpose of
determining the amount of alcohol in the person's blood at the time
alleged as shown by chemical analysis of his or her blood, breath, or
urine. The failure or inability to obtain an additional test by a person
does not preclude the admissibility in evidence of the test taken at the
direction of a peace officer.
(c) Upon the request of the person tested, full information concerning
the test taken at the direction of the peace officer shall be made
available to the person or the person's attorney.
(d) Notwithstanding any other provision of law, no licensed physician
and surgeon, registered nurse, licensed vocational nurse, duly licensed
clinical laboratory technologist or clinical laboratory bioanalyst,
unlicensed laboratory personnel regulated pursuant to Sections 1242,
1242.5, and 1246 of the Business and Professions Code, or certified
paramedic, or hospital, laboratory, or clinic employing or utilizing the
services of the licensed physician and surgeon, registered nurse,
licensed vocational nurse, duly licensed laboratory technologist or
clinical laboratory bioanalyst, unlicensed laboratory personnel
regulated pursuant to Sections 1242, 1242.5, and 1246 of the Business
and Professions Code, or certified paramedic, owning or leasing the
premises on which tests are performed, shall incur any civil or criminal
liability as a result of the administering of a blood test in a
reasonable manner in a hospital, medical laboratory, or medical clinic
environment, according to accepted medical practices, without violence
by the person administering the test, and when requested in writing by a
peace officer to administer the test.
(e) If the test given under Section 23612 is a chemical test of urine,
the person tested shall be given such privacy in the taking of the urine
specimen as will ensure the accuracy of the specimen and, at the same
time, maintain the dignity of the individual involved.
(f) The department, in cooperation with the State Department of Health
Services or any other appropriate agency, shall adopt uniform standards
for the withdrawal, handling, and preservation of blood samples prior to
analysis.
(g) As used in this section, "certified paramedic" does not include any
employee of a fire department.
(h) Consent, waiver of liability, or the offering to, acceptance by, or
refusal of consent or waiver of liability by the person on whom a test
is administered, is not an issue or relevant to the immunity from
liability for medical personnel or the medical facility under
subdivision (d).
23213. No patient or other person residing in a social
rehabilitation facility licensed pursuant to Chapter 3 (commencing with
Section 1500) of Division 2 of the Health and Safety Code for the
rehabilitation of persons who have abused alcohol or drugs, shall have a
motor vehicle registered in the name of that patient or person on or
near the premises of that facility unless the patient or person has an
operator's license issued pursuant to this code which is not suspended
or revoked.
23215. The department may, but shall not be required to, provide
patrol or enforce the provisions of Section 23152 for offenses which
occur other than upon a highway.
23216. (a) The provisions of Sections 2, 6, 7, and 10 expressly
apply to the provisions of this article, and, further, for any
recidivist or enhancement purpose, reference to an offense by section
number is a reference to the provisions contained in that section,
insofar as they were renumbered by Chapter 940 of the Statutes of 1981
without substantive change, and those provisions shall be construed as
restatements and continuations thereof and not as new enactments.
(b) Any reference in the provisions of this code to a separate violation
of Section 23152 shall include a separate offense under Section 23102 or
23105, as those sections read prior to January 1, 1982.
(c) Any reference in the provisions of the Vehicle Code to a separate
violation of Section 23153 shall include a separate offense under
Section 23101 or 23106 as those sections read prior to January 1, 1982.
(d) The provisions of this section are to be given retroactive effect.
23217. The Legislature finds and declares that some repeat
offenders of the prohibition against driving under the influence of
alcohol or drugs, when they are addicted or when they have too much
alcohol in their systems, may be escaping the intent of the Legislature
to punish the offender with progressively greater severity if the
offense is repeated one or more times within a seven-year period. This
situation may occur when a conviction for a subsequent offense occurs
before a conviction is obtained on an earlier offense.
The Legislature further finds and declares that the timing of court
proceedings should not permit a person to avoid aggravated mandatory
minimum penalties for multiple separate offenses occurring within a
seven-year period. It is the intent of the Legislature to provide that a
person be subject to enhanced mandatory minimum penalties for multiple
offenses within a period of seven years, regardless of whether the
convictions are obtained in the same sequence as the offenses had been
committed.
Nothing in this section requires consideration of judgment of conviction
in a separate proceeding which is entered after the judgment in the
present proceeding, except as it relates to violation of probation.
Nothing in this section or the amendments to Section 23540, 23546,
23550, 23560, 23566, 23622, or 23640 made by Chapter 1205 of the
Statutes of 1984 affects the penalty for a violation of Section 23152 or
23153 occurring prior to January 1, 1985.
23220. (a) No person shall drink any alcoholic beverage while
driving a motor vehicle upon any highway or on any lands described in
subdivision (b).
(b) As used in subdivision (a), "lands" means those lands to which the
Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5
(commencing with Section 38000)) applies as to off-highway motor
vehicles, as described in Section 38001.
23221. (a) No driver shall drink any alcoholic beverage while in
a motor vehicle upon a highway.
(b) No passenger shall drink any alcoholic beverage while in a motor
vehicle upon a highway.
23222. (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on lands,
as described in subdivision (b) of Section 23220, any bottle, can, or
other receptacle, containing any alcoholic beverage which has been
opened, or a seal broken, or the contents of which have been partially
removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce of
marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of a misdemeanor and
shall be punished by a fine of not more than one hundred dollars ($100).
Notwithstanding any other provision of law, if the person has been
previously convicted three or more times of an offense described in this
subdivision during the two-year period immediately preceding the date of
commission of the violation to be charged, the previous convictions
shall also be charged in the accusatory pleading and, if found to be
true by the jury upon a jury trial or by the court upon a court trial or
if admitted by the person, Sections 1000.1 and 1000.2 of the Penal Code
are applicable to the person, and the court shall divert and refer the
person for education, treatment, or rehabilitation, without a court
hearing or determination or the concurrence of the district attorney, to
an appropriate community program which will accept the person. If the
person is so diverted and referred, the person is not subject to the
fine specified in this subdivision. In any case in which a person is
arrested for a violation of this subdivision and does not demand to be
taken before a magistrate, the person shall be released by the arresting
officer upon presentation of satisfactory evidence of identity and
giving his or her written promise to appear in court, as provided in
Section 40500, and shall not be subjected to booking.
23223. (a) No driver shall have in his or her possession, while
in a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, any bottle, can, or other receptacle,
containing any alcoholic beverage that has been opened, or a seal
broken, or the contents of which have been partially removed.
(b) No passenger shall have in his or her possession, while in a motor
vehicle upon a highway or on lands, as described in subdivision (b) of
Section 23220, any bottle, can, or other receptacle containing any
alcoholic beverage that has been opened or a seal broken, or the
contents of which have been partially removed.
23224. (a) No person under the age of 21 years shall knowingly
drive any motor vehicle carrying any alcoholic beverage, unless the
person is accompanied by a parent, responsible adult relative, any other
adult designated by the parent, or legal guardian for the purpose of
transportation of an alcoholic beverage, or is employed by a licensee
under the Alcoholic Beverage Control Act (Division 9 (commencing with
Section 23000) of the Business and Professions Code), and is driving the
motor vehicle during regular hours and in the course of the person's
employment. If the driver was unaccompanied, he or she shall have a
complete defense if he or she was following, in a timely manner, the
reasonable instructions of his or her parent, legal guardian,
responsible adult relative, or adult designee relating to disposition of
the alcoholic beverage.
(b) No passenger in any motor vehicle who is under the age of 21 years
shall knowingly possess or have under that person's control any
alcoholic beverage, unless the passenger is accompanied by a parent,
legal guardian, responsible adult relative, any other adult designated
by the parent, or legal guardian for the purpose of transportation of an
alcoholic beverage, or is employed by a licensee under the Alcoholic
Beverage Control Act (Division 9 (commencing
with Section 23000) of the Business and Professions Code), and
possession or control is during regular hours and in the course of the
passenger's employment. If the passenger was unaccompanied, he or she
shall have a complete defense if he or she was following, in a timely
manner, the reasonable instructions of his or her parent, legal
guardian, responsible adult relative or adult designee relating to
disposition of the alcoholic beverage.
(c) If the vehicle used in any violation of subdivision (a) or (b) is
registered to an offender who is under the age of 21 years, the vehicle
may be impounded at the owner's expense for not less than one day nor
more than 30 days for each violation.
(d) Any person under 21 years of age convicted of a violation of this
section is subject to Section 13202.5.
(e) Any person convicted for a violation of subdivision (a) or (b) is
guilty of a misdemeanor and shall be punished upon conviction by a fine
of not more than one thousand dollars ($1,000) or by imprisonment in the
county jail for not more than six months, or by both that fine and
imprisonment.
23225. (a) (1) It is unlawful for the registered owner of any
motor vehicle to keep in a motor vehicle, when the vehicle is upon any
highway or on lands, as described in subdivision (b) of Section 23220,
any bottle, can, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have
been partially removed, unless the container is kept in the trunk of the
vehicle.
(2) If the vehicle is not equipped with a trunk and is not an
off-highway motor vehicle subject to identification, as defined in
Section 38012, the bottle, can, or other receptacle described in
paragraph (1) shall be kept in some other area of the vehicle that is
not normally occupied by the driver or passengers. For the purposes of
this paragraph, a utility compartment or glove compartment shall be
deemed to be within the area occupied by the driver and passengers.
(3) If the vehicle is not equipped with a trunk and is an off-highway
motor vehicle subject to identification, as defined in subdivision (a)
of Section 38012, the bottle, can, or other receptacle described in
paragraph (1) shall be kept in a locked container. As used in this
paragraph, "locked container" means a secure container that is fully
enclosed and locked by a padlock, key lock, combination lock, or similar
locking device.
(b) Subdivision (a) is also applicable to a driver of a motor vehicle if
the registered owner is not present in the vehicle.
(c) This section shall not apply to the living quarters of a housecar or
camper.
23226. (a) It is unlawful for any driver to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any highway or
on lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle containing any alcoholic beverage that has been
opened, or a seal broken, or the contents of which have been partially
removed.
(b) It is unlawful for any passenger to keep in the passenger
compartment of a motor vehicle, when the vehicle is upon any highway or
on lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle containing any alcoholic beverage that has been
opened or a seal broken, or the contents of which have been partially
removed.
(c) This section shall not apply to the living quarters of a housecar or
camper.
23229. (a) Except as provided in Section 23229.1, Sections 23221
and 23223 do not apply to passengers in any bus, taxicab, or limousine
for hire licensed to transport passengers pursuant to the Public
Utilities Code or proper local authority, or the living quarters of a
housecar or camper.
(b) Except as provided in Section 23229.1, Section 23225 does not apply
to the driver or owner of a bus, taxicab, or limousine for hire licensed
to transport passengers pursuant to the Public Utilities Code or proper
local authority.
(c) This section shall become operative on July 1, 1989.
23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225
do apply to any charter-party carrier of passengers, as defined in
Section 5360 of the Public Utilities Code, operating a limousine for
hire when the driver of the vehicle transports any passenger under the
age of 21.
(b) For purposes of subdivision (a), it is not a violation of Section
23225 for any charter-party carrier of passengers operating a limousine
for hire which is licensed pursuant to the Public Utilities Code to keep
any bottle, can, or other receptacle containing any alcoholic beverage
in a locked utility compartment within the area occupied by the driver
and passengers.
(c) In addition to the requirements of Section 1803, every clerk of a
court, or judge if there is no clerk, in which any driver in subdivision
(a) was convicted of a violation of Section 23225 shall prepare within
10 days after conviction, and immediately forward to the Public
Utilities Commission at its office in San Francisco, an abstract of the
record of the court covering the case in which the person was convicted.
If sentencing is not pronounced in conjunction with the conviction, the
abstract shall be forwarded to the commission within 10 days after
sentencing, and the abstract shall be certified, by the person required
to prepare it, to be true and correct.
For the purposes of this subdivision, a forfeiture of bail is equivalent
to a conviction.
(d) This section shall become operative on July 1, 1989.
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